Kegran Pty Ltd v Warrik Pty Ltd [2018] NSWSC 1357

Kegran Pty Ltd v Warrik Pty Ltd [2018] NSWSC 1357

The plaintiff validly exercised the option to renew by serving written notice via email, which constituted sufficient notice under clause 21 of the lease. Clause 19(4) is facultative and does not impose mandatory service requirements. The email was received, downloaded, and likely read by the defendant’s director who had authority, satisfying service requirements. Even if not opened, the email’s existence was drawn to his attention, which was deemed sufficient.

Jurisdiction
Australia
Judgment Date
03 September 2018
Procedural Posture
Principal Judgment / Final Decision
Outcome
Plaintiff's claim upheld, valid exercise of renewal option found.
Legal Topics
['leases' 'exercise of Option to Renew' 'notice of Exercise' 'service by Email' 'specific Performance']
['land Law'] ['leases' 'exercise of Option to Renew' 'notice of Exercise' 'service by Email' 'specific Performance']

Case Brief

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Procedural Posture

Principal Judgment / Final Decision

Legal Issues

  1. 1 ['Whether the plaintiff validly exercised the option to renew the lease' 'Whether notice served by email satisfies the requirements for exercise of option under the lease']

Ratio Decidendi

The plaintiff validly exercised the option to renew by serving written notice via email, which constituted sufficient notice under clause 21 of the lease. Clause 19(4) is facultative and does not impose mandatory service requirements. The email was received, downloaded, and likely read by the defendant’s director who had authority, satisfying service requirements. Even if not opened, the email’s existence was drawn to his attention, which was deemed sufficient.

Court Disposition

Plaintiff's claim upheld, valid exercise of renewal option found.

Orders

  • ['Declaration that the plaintiff validly exercised the first option to renew the lease for the period from 1 March 2015 to 28 February 2020.' 'Order for specific performance of the agreement to grant and carry into effect the new lease by the parties.' 'Defendant to pay plaintiff’s costs of proceedings.' 'Liberty to...